eula for Citrix client

eula.txt (text/plain), 19.57 KB, created by Matthew Lange on 2006-11-27 01:49:57 UTC

CITRIX(R) LICENSE AGREEMENT

This is a legal agreement ("AGREEMENT") between you, the Licensed User, and Citrix Systems, Inc., or Citrix Systems International GmbH. Your location of receipt of this PRODUCT determines the licensing entity hereunder (the applicable entity is hereinafter referred to as "CITRIX"). Citrix Systems, Inc., a Delaware corporation, markets and supports this product or feature release (both hereinafter "PRODUCT") in the Americas. Citrix Systems International GmbH, a Swiss company wholly owned by Citrix Systems, Inc., markets and supports this PRODUCT in Europe, the Middle East, Africa, Asia, and the Pacific. BY SELECTING "I ACCEPT" BELOW, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, SELECT "I DO NOT ACCEPT" BELOW AND DO NOT INSTALL OR USE THE PRODUCT.

1.	GRANT OF LICENSE. This PRODUCT contains software that provides services on a computer called a server ("Server Software") and may contain software that allows a computer to access or utilize the services provided by the Server Software ("Client Software"). This PRODUCT is licensed under a concurrent user model. Server Software is activated by user licenses that allow use of the Server Software in increments defined by the license model ("User Licenses"). Client Software is not activated by User Licenses but will not operate in conjunction with the Server Software without the Server Software being activated. User Licenses for other Citrix products or other editions of the same PRODUCT may not be used to increase the allowable use for the PRODUCT. CITRIX grants to you the following worldwide, non-exclusive and perpetual rights (except as subject to termination as set forth below and as to Evaluation PRODUCTS) to the Server Software and Client Software, if any, and accompanying documentation (collectively called the "SOFTWARE"):

a.	Server Software. You may install and use the Server Software on one or more computers ("Server(s)"). Each User License for the Server Software may be installed and used only on a single license server within your production environment and a single license server within your disaster recovery environment. The Server Software may be used only to support up to the allowable number of ICA, RDP, or other managed connections within each environment based on your total purchases of User Licenses. Each User License that is installed in both a production and disaster recovery environment may be used only in one of the environments at any one time, except for duplicate use during routine testing of the disaster recovery environment.

b.	Client Software. The Client Software, if any, may be installed and used on an unlimited number of Client Devices. You may use the Client Software only to access the Server Software up to the allowable number of connections based on your total purchase of User Licenses.

c.	MetaFrame Presentation Server, Enterprise Edition, Component Limitations on Use. The "Web Interface Extension" of Enterprise Edition Server Software may be used only in support of Enterprise Edition Servers or MetaFrame Presentation Server for UNIX(R) Operating Systems Servers. The "Installer" component of the Enterprise Edition Server Software may be installed only on a Server on which Enterprise Edition is installed. The "Packager" component of Enterprise Edition Server Software may be installed and used only with a Server on which Enterprise Edition is installed, or with Microsoft(R) Windows(R) NT Server 4.0, Terminal Server Edition, Windows 2000 Server or Windows Server 2003, Standard Edition, Windows 2000 Advanced Server or Windows Server 2003, Enterprise Edition, or Windows 2000 Datacenter Server or Windows Server 2003, Datacenter Edition or their successors. The "Installer" component may be installed on a separate Server from the "Packager" component as recommended in the accompanying documentation.

d.	Microsoft License. If you access terminal server functionality provided by Microsoft operating system products, you need to purchase additional licenses to use such products. Consult the license agreements for the Microsoft operating system products you are using to determine which licenses you must acquire.

e.	Not For Resale. If this SOFTWARE is labeled "Not For Resale," notwithstanding any term to the contrary in this Agreement, your license permits use only if you are a current Citrix authorized distributor or reseller and then only for demonstration, test, or evaluation purposes in support of your customers. Not for Resale Software may not be used for customer training. Note that Not for Resale SOFTWARE disables itself on the "time-out" date identified on the SOFTWARE packaging.

f.	Evaluation. If this SOFTWARE is labeled "Evaluation," notwithstanding any term to the contrary in this Agreement, your license permits use only for your internal demonstration, test, or evaluation purposes. Note that Evaluation SOFTWARE disables itself on the "time-out" date identified on the SOFTWARE packaging.

g.	Developers' Edition. If this SOFTWARE is labeled "Developers' Edition," notwithstanding any term to the contrary in this Agreement, your license permits use only for your internal development of product(s) to operate in conjunction with the SOFTWARE. You receive no license hereunder to incorporate the SOFTWARE or any portion thereof in your own product(s).

h.	Archive Copy. You may make one (1) copy of the SOFTWARE in machine-readable form solely for back-up purposes, provided that you reproduce all proprietary notices on the copy.

2.	HOSTING RIGHTS. You may use the Server Software to provide application services to third parties ("Hosting"). As a part of such Hosting, you may copy and distribute the Client Software, with its electronic, click-to-accept license, to such third parties.

3.	SUBSCRIPTION RIGHTS. Your subscription for the SOFTWARE ("Subscription") shall begin on the date the User Licenses are delivered to you by e-mail. Should User Licenses be delivered to you on a tangible license card, Subscription shall instead begin on the date you request that the User Licenses be allocated to you through mycitrix.com. Subscription shall continue for a term of one year thereafter unless terminated sooner (the "Subscription Term"). During the Subscription Term, CITRIX may, from time to time, generally make Updates available for licensing to the public. For the purposes of this AGREEMENT, an Update shall mean a generally available release of the same SOFTWARE. Upon general availability of Updates during the Subscription Term, CITRIX shall provide you with one (1) copy of each such Update for each copy of the SOFTWARE originally licensed to you pursuant to this AGREEMENT to support up to the number of User Licenses you are entitled to based on your purchase of Subscription for such User Licenses, without additional charge. Any such Updates so delivered to you shall be considered SOFTWARE under the terms of this AGREEMENT, except they are not covered by the Limited Warranty applicable to SOFTWARE, to the extent permitted by applicable law.

You acknowledge that CITRIX may develop and market new or different computer programs or editions of the SOFTWARE that use portions of the SOFTWARE and that perform all or part of the functions performed by the SOFTWARE. Nothing contained in this AGREEMENT shall give you any rights with respect to such new or different computer programs or editions. You also acknowledge that CITRIX is not obligated under this AGREEMENT to make any Updates available to the public. Any deliveries of Updates shall be Exworks CITRIX (Incoterms 2000).

4.	DESCRIPTION OF OTHER RIGHTS, LIMITATIONS AND OBLIGATIONS. Unless expressly permitted by applicable law, you may not rent, timeshare, or lease the SOFTWARE, but you may make a permanent transfer of the SOFTWARE and accompanying written materials to a third party, provided you promptly notify Citrix of the transfer and retain no copies and the third party agrees to the terms of this AGREEMENT prior to the transfer. If you purchased User Licenses in the SOFTWARE to replace other Citrix licenses for other Citrix software and such replacement is a condition of the transaction, you agree to destroy those other Citrix licenses and retain no copies after installation of the new User Licenses and SOFTWARE. You shall provide the serial numbers of such replaced licenses and corresponding replacement User Licenses to the reseller, and upon request, directly to Citrix for license tracking purposes. If the SOFTWARE is the Web Interface for Presentation Server, you may use the scripting capability to customize the look, feel, and functionality of the SOFTWARE. You may not otherwise modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except for back-up as permitted above) the SOFTWARE, except to the extent such foregoing restriction is expressly prohibited by applicable law. You may not remove any proprietary notices, labels, or marks on any SOFTWARE. To the extent permitted by applicable law, you agree to allow CITRIX to audit your compliance with the terms of this AGREEMENT upon prior written notice during normal business hours.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE SOFTWARE OR ANY COPY IN WHOLE OR IN PART, OR GRANT ANY RIGHTS IN THE SOFTWARE OR ACCOMPANYING DOCUMENTATION, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY CITRIX OR ITS SUPPLIERS.

You hereby agree, that to the extent that any applicable mandatory laws (such as, for example, national laws implementing EC Directive 91/250 on the Legal Protection of Computer Programs) give you the right to perform any of the aforementioned activities without the consent of CITRIX to gain certain information about the SOFTWARE, before you exercise any such rights, you shall first request such information from CITRIX in writing detailing the purpose for which you need the information. Only if and after CITRIX, at its sole discretion, partly or completely denies your request, shall you exercise your statutory rights.

5.	INFRINGEMENT INDEMNIFICATION. Citrix shall indemnify and defend, or at its option, settle any claim, suit or proceeding brought against you based on an allegation that the SOFTWARE infringes upon any patent or copyright of any third party ("Infringement Claim"), provided you promptly notify Citrix in writing of your notification or discovery of an Infringement Claim such that Citrix is not prejudiced by any delay in such notification. Citrix will have sole control over the defense or settlement of any Infringement Claim and you will provide reasonable assistance in the defense of the same. Following notice of an Infringement Claim, or if Citrix believes such a claim is likely, Citrix may at its sole expense and option: (i) procure for you the right to continue to use the alleged infringing SOFTWARE; (ii) replace or modify the SOFTWARE to make it non-infringing; or (iii) accept return of the SOFTWARE and provide you with a refund as appropriate. Citrix assumes no liability for any Infringement Claims or allegations of infringement based on: (i) your use of any SOFTWARE after notice that you should cease use of such SOFTWARE due to an Infringement Claim; (ii) any modification of the SOFTWARE by you or at your direction; or (iii) your combination of SOFTWARE with non-Citrix programs, data, hardware, or other materials, if such Infringement Claim would have been avoided by the use of the SOFTWARE alone. THE FOREGOING STATES YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM.

6.	LIMITED WARRANTY AND DISCLAIMER. CITRIX warrants that, for a period of ninety (90) days from the date of delivery of the SOFTWARE to you, the media on which the SOFTWARE is furnished, if any, under normal use will be free from defects in materials and workmanship, and that the SOFTWARE will perform substantially in accordance with the CITRIX product documentation published by CITRIX and included with the SOFTWARE. CITRIX and its suppliers' entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to CITRIX or an authorized reseller) will be, at the sole option of CITRIX and subject to applicable law, to replace the media and/or SOFTWARE or to refund the purchase price and terminate this AGREEMENT.

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE ABOVE LIMITED WARRANTY FOR SOFTWARE, CITRIX AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND CITRIX AND ITS SUPPLIERS SPECIFICALLY DISCLAIM WITH RESPECT TO SOFTWARE AND SUBSCRIPTION ANY CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS OR ERRORS, AND ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR DISTRIBUTION WITH ANY EQUIPMENT THE FAILURE OF WHICH COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. YOU ASSUME THE RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE AND HARDWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE AND HARDWARE.

7.	PROPRIETARY RIGHTS. No title to or ownership of the software is transferred to you. CITRIX and/or its licensors own and retain all title and ownership of all intellectual property rights in and to the SOFTWARE, including any adaptations or copies. You acquire only a limited license to use the software.

8. EXPORT RESTRICTION. You agree that you will not export, re-export, or import the SOFTWARE in any form without the appropriate government licenses. You understand that under no circumstances may the SOFTWARE be exported to any country subject to US embargo or to US designated denied persons or prohibited entities or US specially designated nationals.

9. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER CITRIX NOR ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OF DATA OR PRIVACY, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, COST OF RECOVERY, LOSS ARISING FROM YOUR USE OF THE SOFTWARE, OR DAMAGE ARISING FROM YOUR PARTICIPATION IN HOSTING OR USE OF THIRD PARTY SOFTWARE OR HARDWARE OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF THE SOFTWARE, REFERENCE MATERIALS, OR ACCOMPANYING DOCUMENTATION, OR YOUR EXPORTATION, RE-EXPORTATION, OR IMPORTATION OF THE SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LIABILITY OF CITRIX, ITS AFFILIATES, SUPPLIERS, OR AUTHORIZED DISTRIBUTORS EXCEED THE AMOUNT PAID FOR THE SOFTWARE AT ISSUE. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. For purposes of this Agreement, the term "CITRIX AFFILIATE" shall mean any legal entity fifty percent (50%) or more of the voting interests in which are owned directly or indirectly by Citrix Systems, Inc. Affiliates, suppliers, and authorized distributors are intended to be third party beneficiaries of this AGREEMENT.

10.	TERMINATION. This AGREEMENT is effective until terminated. You may terminate this AGREEMENT at any time by removing the SOFTWARE from your computers and destroying all copies and providing written notice to Citrix with the serial numbers of the terminated licenses. Citrix may terminate this AGREEMENT at any time for your breach of this AGREEMENT. Unauthorized copying of the SOFTWARE or the accompanying documentation or otherwise failing to comply with the license grant of this AGREEMENT will result in automatic termination of this AGREEMENT and will make available to CITRIX all other legal remedies. You agree and acknowledge that your material breach of this AGREEMENT shall cause CITRIX irreparable harm for which monetary damages alone would be inadequate and that, to the extent permitted by applicable law, Citrix shall be entitled to injunctive or equitable relief without the need for posting a bond. Upon termination of this AGREEMENT, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.

11.	U.S. GOVERNMENT END-USERS. If you are a U.S. Government agency, in accordance with Section 12.212 of the Federal Acquisition Regulation (48 CFR 12.212 (October 1995)) and Sections 227.7202-1 and 227.7202-3 of the Defense Federal Acquisition Regulation Supplement (48 CFR 227.7202-1, 227.7202-3 (June 1995)), you hereby acknowledge that the SOFTWARE constitutes "Commercial Computer Software" and that the use, duplication, and disclosure of the SOFTWARE by the U.S. Government or any of its agencies is governed by, and is subject to, all of the terms, conditions, restrictions, and limitations set forth in this standard commercial license AGREEMENT. In the event that, for any reason, Sections 12.212, 227.7202-1 or 227.7202-3 are deemed not applicable, you hereby acknowledge that the Government's right to use, duplicate, or disclose the SOFTWARE are "Restricted Rights" as defined in 48 CFR Section 52.227-19(c)(1) and (2) (June 1987), or DFARS 252.227-7014(a)(14) (June 1995), as applicable. Manufacturer is Citrix Systems, Inc., 851 West Cypress Creek Road, Fort Lauderdale, Florida, 33309.

12. AUTHORIZED DISTRIBUTORS AND RESELLERS. CITRIX authorized distributors and resellers do not have the right to make modifications to this Agreement or to make any additional representations, commitments, or warranties binding on CITRIX.

13.	CHOICE OF LAW AND VENUE. If licensor is Citrix Systems, Inc., this AGREEMENT is governed by the laws of the State of Florida without reference to conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods, and in any dispute arising out of this AGREEMENT, you consent to the exclusive personal jurisdiction and venue in the State and Federal courts within Broward County, Florida. If licensor is Citrix Systems International GmbH, this AGREEMENT is governed by the laws of Switzerland without reference to the conflict of laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods, and in any dispute arising out of this AGREEMENT, you consent to the exclusive personal jurisdiction and venue of the competent courts in the Canton of Zurich. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be to that extent deemed omitted and the remaining provisions will continue in full force and effect. To the extent a provision is deemed omitted, the parties agree to comply with the remaining terms of this AGREEMENT in a manner consistent with the original intent of the AGREEMENT.

14.	HOW TO CONTACT CITRIX. Should you have any questions concerning this AGREEMENT, or want to contact Citrix for any reason, write to Citrix at the following address: Citrix Systems, Inc., Customer Service, 851 West Cypress Creek Road, Ft. Lauderdale, Florida 33309; or Citrix Systems International GmbH, Rheinweg 9, CH-8200 Schaffhausen, Switzerland.

15.	TRADEMARKS. Citrix, MetaFrame, and MetaFrame XP are registered trademarks of Citrix Systems, Inc., in the US and other countries. Microsoft and Windows are registered trademarks of Microsoft Corporation in the US and other countries.